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March 27, 2026AL-Qadisiya Journal For Law and Political Sciences0 citations

The idea of correcting the application of constitutional provisions (a comparative study)

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NJNoor Ali JadouaMTMuhammad Jabbar Talib

Key Points

  • The aim is to examine how constitutional provisions can be effectively applied and corrected in various political systems.
  • Comparative analysis of constitutional frameworks in different jurisdictions
  • Assessment of public authority actions against constitutional standards
  • Evaluation of mechanisms used by constitutional judiciary
  • Identified discrepancies between legislative actions and constitutional provisions
  • Emphasized the importance of modern mechanisms for constitutional adherence
  • Showed that traditional interpretations of constitutional texts can hinder societal development

Abstract

The conformity of the actions and actions of public authorities with the Constitution, and the legislative authority in particular, represents the highest goal of every constitutional and political system that seeks a distinguished position in the ranks of the state of law, institutions, modernity and civilization. This is not possible except by glorifying the constitutional document and issuing its rulings over everything else, by creating... Means and mechanisms to ensure the achievement of this superiority that enhances the integrity of its legal structure.The constitutional judiciary is considered one of the most important frameworks ever to achieve this supremacy in practical terms and to protect its provisions from being deviated from, especially by the legislative and executive authorities.The constitution is also a progressive document that does not hinder development in its horizons. Therefore, the policy followed by the constitutional judiciary in implementing and protecting constitutional texts must adopt modern, advanced legal means, in order to enable it to keep pace with general changes and developments in the state without being bound by the letter of the constitutional texts, which results in the failure of the constitutional document. About the political reality of society, which constitutes the emergence of a gap between reality and the provisions of the Constitution.

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Cite This Study

Jadoua et al. (2024) studied this question.

synapsesocial.com/papers/69c61ff615a0a509bde18592https://doi.org/10.63677/jqlap.2024.183559
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